Constitutional Provisions for the Formation, Alteration and Reorganisation of States and Union Territories

The territorial organization of India is governed by Part I of the Constitution of India, comprising Articles 1 to 4. India is defined as a Union of States, reflecting the indestructible nature of the nation despite the destructible nature of its individual units. Parliament holds the sole authority to admit, establish, form, or alter the boundaries and names of states and Union Territories. This institutional setup allows the political map of India to evolve according to administrative needs, linguistic considerations, and regional aspirations.

Article 1: Name and Territory of the Union

Key Features of Article 1

• Article 1 declares that “India, that is Bharat, shall be a Union of States.”
• The Constitution uses the expression “Union” rather than “Federation” because the Indian federation is not the result of an agreement among states, and states have no right to secede.
• The “Territory of India” is a broader expression than the “Union of India”. The Union of India includes only the States, whereas the Territory of India includes States, Union Territories, and territories that may be acquired by the Government of India at any time.
• The First Schedule of the Constitution specifies the names of States and Union Territories along with their territorial extents.

Article 2: Admission or Establishment of New States

Scope of Article 2

• Article 2 empowers Parliament to admit into the Union of States, or establish, new states on such terms and conditions as it thinks fit.
• This power relates to the admission or establishment of states that were not previously part of the Republic of India.
• Examples include the admission of Sikkim or foreign territories acquired through international agreements.

Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names

Parliamentary Powers under Article 3

Parliament may by law:

• Form a new state by separation of territory from any state, by uniting two or more states or parts of states, or by uniting any territory to a part of any state.
• Increase the area of any state.
• Diminish the area of any state.
• Alter the boundaries of any state.
• Alter the name of any state.

Constitutional Procedure for State Reorganisation Bills

• A bill introducing changes under Article 3 can be introduced in either House of Parliament only on the prior recommendation of the President.
• If the bill affects the area, boundary, or name of any State, the President must refer the bill to the concerned State Legislature for expressing its views within a specified period.
• The opinion expressed by the State Legislature is not binding on the President or Parliament. Parliament can accept or reject those views even if they arrive in time.
• For Union Territories, no reference needs to be made to the local legislature; Parliament can proceed directly.
• No fresh reference to the State Legislature is required if Parliament later accepts amendments to the introduced bill.

Article 4: Supplemental and Incidental Provisions

Legal Effect of Article 4

• Laws made under Article 2 or Article 3 must contain provisions for amending the First Schedule (list of States and UTs) and Fourth Schedule (allocation of seats in the Rajya Sabha).
• Article 4 explicitly states that such laws are not to be deemed as amendments to the Constitution under Article 368.
• Parliament can pass these laws through a Simple Majority via the ordinary legislative process.

Cession of Indian Territory and Boundary Settlements

Constitutional Status on Territorial Cession

• Berubari Union Case (1960): The Supreme Court held that Parliament’s power to diminish state territory under Article 3 does not cover the cession of Indian territory to a foreign country. Cession requires a constitutional amendment under Article 368.
• 100th Constitutional Amendment Act, 2015: Enacted to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh under the Land Boundary Agreement of 1974 and its 2011 Protocol.
• Settlement of Boundary Disputes: The Supreme Court ruled in 1969 that settling a boundary dispute with another country does not involve cession of territory and can be executed through executive action without a constitutional amendment.

Committees for State Reorganisation

Evolution of Reorganisation Commissions

• S.K. Dhar Commission (1948): Recommended reorganising states based on administrative convenience rather than linguistic lines.
• JVP Committee (1948): Consisted of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya. It formally rejected language as the primary criterion for state creation.
• Creation of Andhra State (1953): Potti Sreeramulu’s 56-day hunger strike led to the creation of Andhra State, the first linguistic state carved out of Telugu-speaking areas of Madras State.
• Fazl Ali Commission (1953): Included Fazl Ali (Chairman), K.M. Panikkar, and H.N. Kunzru. It accepted language as a major basis for reorganisation but rejected the “one language, one state” theory.
• States Reorganisation Act, 1956: Following the 7th Constitutional Amendment Act, 1956, the four-fold classification of states (Part A, B, C, and D) was replaced with 14 States and 6 Union Territories on November 1, 1956.

Chronology of State Reorganisation Post-1956

Essential Facts and Key Trivia

• Dr. B.R. Ambedkar termed India an “Indestructible Union of Destructible States”, clarifying that states cannot secede from the country.
• Laws altering state boundaries or names under Article 3 require only a Simple Majority in both Houses of Parliament.
• The President fixes a time limit for State Legislatures to express views on Article 3 bills, but can extend this period at discretion.
• Sikkim became an “associate state” through the 35th Constitutional Amendment Act, 1974 before becoming a full state under the 36th Amendment Act, 1975.
• Puducherry came under Indian administration via a de facto transfer from France in 1954, but legal de jure transfer took place in 1962.
• The Shah Commission (1966) recommended dividing the Punjabi-speaking areas into Punjab and Hindi-speaking areas into Haryana.
• Union Territories are directly administered by the President through an appointed Administrator or Lieutenant Governor under Part VIII of the Constitution.